DES MOINES - The Iowa Supreme Court has sided with the city of Davenport, ruling that its traffic cameras that catch motorists who speed or run through red lights are allowed under Iowa law.
Thomas J. Seymour challenged his 2006 speeding citation issued in Davenport.
He argued Davenport's ordinance was pre-empted by state traffic laws.
The court found that in Iowa's traffic laws, the Legislature has "expressly authorized local governments to establish rules of conduct related to rules of the road."
According to the ruling, the city of Davenport established its automatic traffic enforcement program in 2004, allowing the city to install cameras and sensors to record video images of vehicles running red lights or speeding.
Seymour also argued the law violated his due process rights by placing the burden on him as a defendant to prove he was not guilty of the traffic violation. The Supreme Court did not rule on that issue, because he did not raise it in his latest appeal.
Justice David Wiggins, in his dissenting opinion, raised concern that the violator pays a fine to the city, which does not report the violation to the state Department of Transportation.
"An unsafe driver in Davenport is an unsafe driver anywhere else in this state," Wiggins wrote. "By not applying our suspension and revocation laws uniformly, our streets and highways become a more dangerous place."
Contact Charlotte Eby at (515) 243-0138 or chareby@aol.com.
Posted in Regional on Saturday, August 30, 2008 12:00 am Updated: 5:30 pm.
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